Gilmore v. State

This is an appeal from the summary denial of appellant’s motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the motion is facially sufficient, see Netherly v. State, 508 So.2d 524 (Fla. 2d DCA 1987), the trial judge failed to attach to his order any portion of the files or record to refute appellant’s allegations.

Accordingly, we reverse the order denying appellant’s motion and remand the case to the trial court. On remand, unless the case files and records conclusively show that appellant is not entitled to relief, the trial court shall order…